SUMMARY – Man charged with criminal offence related to street racing fatality
RESULT – Win
DEFENCE LAWYER – Sean Fagan
CHARGES: Criminal Driving Offences
X.X. faced a criminal charge in relation to an alleged street racing incident that tragically led to the death of an individual. X.X. unfortunately did not retain Sean Fagan in the first instance, and consequently, did not receive proper legal advice. When X.X. was arrested in relation to this incident, he provided a full statement, closing the door to multiple viable avenues of defence.
Although there is a legal requirement in Alberta to provide a statement to the police when you are involved in certain types of motor vehicle accidents, you should talk to an experienced criminal lawyer before providing a statement. Receiving proper legal advice before giving a statement can make the difference between having viable avenues of defence, and not; it can make the difference between jail and freedom.
It is always best to speak to a criminal lawyer at the earliest possible opportunity, ideally before you are charged. Sometimes, talking to a lawyer can keep you from getting charged all together.
Unfortunately for X.X., he provided a statement, which made his case much more difficult to defend. Nevertheless, Sean Fagan was still successful at resolving this matter without the entry of a criminal conviction and securing the withdrawal of the criminal charge, saving X.X. the cost and risk associated with trial proceedings, as well as a criminal record and potentially lengthy period of incarceration.